The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1887-05-07
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The Local OptiOn Law.

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An act 10 prohibit the sale Of Intoxicating
liquors by Local Option.
BE II enacted by the legislative assembly Of
the Territory Of Dakota:
SECTION I. II petition signed by at least
one.third OF the legal voters OF any county, as
shown by the preceding general election,
shall be presented to the county commission
ers of any county at least sixty days before
the Tuesday next after the first Monday In
November. in the year 1887. praying that the
question OF prohibition Of the sale OF intoxi-
eating liquors be submitted to u vote of such
county. II shall be the duty of the board OF
county commissioners TO order an election 10
be held on the first Tuesday after the first
Monday In November. 1887, at which election
the qualified voters of such county shall vote
upon the question of prohibiting the sale OF
Intoxicating liquors III such county. Such
elections shall be In all respects conducted
as general elections are conducted.
SEC. ?. All persons voting at any election
held under the provisic"s OF this act. who are
opposed to the sale OF such Intoxicating II.
quors, shall have written or printed on their
ballots, Against the Sale and those who fa
vor the sale of such intoxicating liquors. shall
have written or printed on their ballots, "For
the Sale"
SEC. 8. Should the majority of the ballots
cast at such election be Against the Sale, >
It shall be unlawful for the board Of county
commissioners OF such county to issue on
grant license for the sale OF intoy icating
liquors In such county. or for the common
council or officers OF any Incorporated town,
city or village In said county, to issue or grant
license for the sale OF intoxicating liquors
Any board. officer or person violating the pro-
visions OF this act, shall be deemed guilty OF q
misdemeanor and upon conviction thereof "a
be lned sum not exceeding one thousand
q Goo dollars and not less than two hundred
ZOO dollars. or imprisonment In the county
jail for n term not exceeding one % year. or
both such fine and imprisonment in the dis.
cretion of the court
SEC. L. Al any general election. but at no
other time, the question Of prohibiting the
sale Of Intoxicating liquors shall again be sub
United TO vote OF the qualified electors o.
any county II one-third OF the voters Of such
county, as evidenced by the vote cast at the
last preceding general election, petition the
board of commissioners therefor. The result
OF any election held under the provisions of
this act shall remain In force until changed by
some subsequent election held hereunder.
SEC. 5. In addition to the penalties now pre-
scribed by law, any person or persons who
may sell any Intoxicating liquors without a
license having been duly granted as provided
by law. or where the license Is granted in yio-
lation of this act shall be restrained from so
doing 10y proper injunction issued by the
court or a Judge thereof, and any person may
secure such injunction and may use the
county as plaintiff In the suit, and no secur-
ity shall be required. and the district attorney
of snch county shall I'm all things conduct such
prosecution.
SEC. Q. All acts, special or general, 80 far as
they corfiict with the provisions of this act,
are hereby repealed.
Provided, that upon the canvass of the vote
taken as provided by this act. where the re-
suit shall have been declared 10 be against the
sale, the commissioners OF any county within
which such elections may have been held
shall at tue first re gular meeting thereafter
revoke all licenses heretofore granted, aud
refund any amount which may be due any
person by such revocation.
Provided. however. that this act shall
not be construed To repeal Chapter one hum
dred and fifty (l50) OF the General Laws passed
at the legislative assembly OF the Territory of
Dakota.
SEC. 7. This act shall take effect and be in
force from and after It's passage and approval
Approved March IL. 1857.